In addition to any requirements pursuant to Section 1 [66-4-10 NMSA 1978] of this 2018 act:
A. except as provided in Sections 66-3-115, 66-3-116 and 66-3-118 through 66-3-121 NMSA 1978, any person who sells, gives away, trades or disposes of any vehicle as scrap or to be dismantled or destroyed by any person required to be licensed under Section 66-4-1 NMSA 1978 shall assign the certificate of title of the vehicle to the recipient and shall deliver the certificate of title to the recipient. A licensed dismantler receiving any registration plates shall either return them to the owner upon demand or destroy them within five days;
B. except as provided in Sections 66-3-115, 66-3-116 and 66-3-118 through 66-3-121 NMSA 1978, no person shall dismantle or destroy a vehicle unless the person possesses a certificate of title or other proof of ownership of the vehicle and completes and sends in the dismantler's notification form to the division and any law enforcement agency designated by the division for that purpose; and
C. any person licensed under Section 66-4-1 NMSA 1978 may take possession of an abandoned vehicle; provided that:
(1) the person obtains at the time of acquisition a written clearance form from a law enforcement agency mentioned in Section 66-3-121 NMSA 1978;
(2) within five days after acquisition of the abandoned vehicle, the person requests from the division an official form indicating the names and addresses of all lienholders and owners of record. If the abandoned vehicle has out-of-state license plates or the licensee has some other reason to believe that the abandoned vehicle is registered in a state other than New Mexico, the person shall request the same information from the appropriate agency of that state;
(3) within five days after receiving the names and addresses of all lienholders and owners of record, the person informs them by certified mail, return receipt requested, of the person's possession of the abandoned vehicle and of all charges, if any, against the abandoned vehicle and of the person's intent to dispose of the vehicle if no claim is made within thirty days after the delivery of the letter;
(4) in those cases where neither the division nor the appropriate state agency specified in this section is able to furnish the names of any lienholders or owners of record, the vehicle shall then be deemed as abandoned, and a licensed dismantler may dispose of the abandoned vehicle once the dismantler has properly completed a dismantler's notification form for the abandoned vehicle and has submitted the form to the division together with a copy of the correspondence with either the division or the state agency specified in this section indicating that there are no lienholders or owners of record;
(5) when a lienholder or owner of record is known and the required notice has been sent and the dismantler has waited the required thirty days and has not received a valid claim, the dismantler shall properly complete a dismantler's notification form for the abandoned vehicle and submit the form together with any correspondence with the division or appropriate state agency specified in this subsection indicating the names and addresses of lienholders and owners of record plus proof of notification together with an affidavit signed by the dismantler stating under oath or affirmation that the dismantler has complied with provisions of this section and the dismantler has not received during the thirty-day period following notification any valid claim against the abandoned vehicle in question or, while a valid claim has been made, the dismantler has not received within sixty days following the notification payment for fees connected with towing and storage of the abandoned vehicle in question;
(6) any person who fails to give notice required in this subsection within the time limit specified shall forfeit all liens, interest and claims to the abandoned vehicle in question if claimed by an owner or lienholder;
(7) failure of an owner or lienholder to assert a claim or to pay all legal storage or towing fees, if any, within the specified period of time shall result in that person's forfeiture of liens, interest or claims to the abandoned vehicle; and
(8) upon complying with the conditions of this section and waiting the required period of time, the abandoned vehicle is the property of the dismantler for dismantling or salvage purposes, and the dismantler shall not be required to take further action under the lien laws of this state unless the abandoned vehicle is used for other than dismantling or salvage purposes, and any person licensed under Section 66-4-1 NMSA 1978 may dismantle or destroy the abandoned vehicle.
History: 1953 Comp., § 64-3-119, enacted by Laws 1978, ch. 35, § 66; 2018, ch. 75, § 3.
ANNOTATIONSCross references. — For definition of "abandoned vehicle", see 66-1-4.1 NMSA 1978.
For definition of "lien or encumbrance", see 66-1-4.10 NMSA 1978.
For definition of "owner", see 66-1-4.13 NMSA 1978.
For notice requirements, see 66-2-11 NMSA 1978.
For penalty for violation of this section, see 66-4-9 NMSA 1978.
The 2018 amendment, effective January 1, 2019, clarified that the provisions of this section are in addition to provisions in the Motor Vehicle Code that require auto recyclers to electronically notify the department of all motor vehicle purchases and to verify with the department if the motor vehicle has been reported stolen by checking the electronic system established and maintained by the department, revised certain statutory references, and made numerous stylistic changes; deleted "motor vehicle" throughout the section; added the introductory clause; in Subsection A, after "upon demand or", deleted "surrender" and added "destroy", and after "within five days", deleted "of receiving the plates to the division"; in Subsection C, added "abandoned" preceding "vehicle" throughout the subsection, in Paragraph C(2), after "official", deleted "printout" and added "form", in Paragraph C(4), after "and has", deleted "mailed one copy of" and added "submitted", and after "division", deleted "and one copy of the form to the law enforcement agency designated by the motor vehicle division for that purpose", and in Paragraph C(5), after "vehicle in question", deleted "One copy of the dismantler's notification form shall be sent to the law enforcement agency designated by the motor vehicle division for that purpose".
Past registration of vehicle does not preclude being abandoned. — Past registration in New Mexico of a vehicle or motor vehicle does not preclude it from being "abandoned," provided that all other criteria contained in 64-4-13, 1953 Comp. (similar to this section) are satisfied, and further provided that a notice has been sent to the last known address of all parties who may have an interest in the vehicle, according to department of motor vehicle records (now motor vehicle division), and no such party has asserted a claim to, or interest in, the vehicle in response to the notice sent to them. 1976 Op. Att'y Gen. No. 76-10.